Shawn Bentley Orphan Works Act of 2008

A bill to provide a limitation on judicial remedies in copyright infringement cases involving orphan works.

9/26/2008--Passed Senate amended. Shawn Bentley Orphan Works Act of 2008 - Limits the remedies in a civil action brought for infringement of copyright in an orphan work, notwithstanding specified provisions and subject to exceptions, if the infringer meets certain requirements, including proving that:
(1) the infringer performed and documented a reasonably diligent search in good faith to locate and identify the copyright owner before using the work, but was unable to locate and identify the owner; and
(2) the infringing use of the work provided attribution to the owner of the copyright, if known. Requires a search to include methods that are reasonable and appropriate given the circumstances, including in some circumstances:
(1) Copyright Office records that are not available through the Internet; and
(2) resources for which a charge or subscription is imposed. Limits monetary compensation to reasonable compensation for the use of the infringed work. Prohibits such compensation if the infringer is a nonprofit educational institution, museum, library, or archive, or a public broadcasting entity and if the infringer proves that:
(1) the infringement is performed without any purpose of commercial advantage and is primarily educational, religious, or charitable in nature;and
(2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement. Allows injunctive relief to prevent or restrain infringement, subject to exception and limitation. Directs the Register of Copyrights to:
(1) undertake a process to certify that databases are available that facilitate searching for pictorial, graphic, and sculptural works protected by copyright;
(2) report to the House and Senate judiciary committees on the implementation and effects of certain amendments made by this Act, including any recommendations for legislative changes; and
(3) report to those committees on remedies for copyright infringement claims by an individual copyright owner or a related group of copyright owners seeking small amounts of monetary relief. Directs the Comptroller General to report to such committees on the function of the deposit requirement in the copyright registration system.

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Sponsor

• Sen. Patrick Leahy [D, VT]
• and 2 Co-Sponsors
  • Sen. Robert Bennett [R, UT]
  • Sen. Orrin Hatch [R, UT]
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Committees

• House Judiciary
• 1 more
  • Senate Judiciary
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Amendments

This bill has 1 amendments. See All AmendmentsHide All Amendments

Amendments to S.2913

Number	Status	Purpose
S.Amdt.5669	Pass	To modify provisions relating to diligent efforts, guide searches, recommend practices, imitations on injunctive relief, and for other purposes.

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
April 24, 2008		September 26, 2008

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All Bill Actions

• Sep 27, 2008: Received in the House.
• Sep 27, 2008: Referred to the House Committee on the Judiciary.
• Sep 27, 2008: Message on Senate action sent to the House.
• Passed by Unanimous Consent in the Senate on Sep 26, 2008. Passed Senate with an amendment by Unanimous Consent.
• Sep 26, 2008: The committee substitute as amended agreed to by Unanimous Consent.
• Sep 26, 2008: Measure laid before Senate by unanimous consent.
• Added to calendar on May 15, 2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 738..
• May 15, 2008: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
• Added to calendar on May 15, 2008: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably..
• May 15, 2008: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
• May 08, 2008: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Apr 24, 2008: Read twice and referred to the Committee on the Judiciary.
• Apr 24, 2008: Sponsor introductory remarks on measure. (CR S3405-3406)
• Introduced on Apr 24, 2008.

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Related Bills:

• H.R.5889

Related Issue Areas:

• Technology
• Legislation
• Law
• Governmental investigations
• 8 more
• Data banks
• Copyright
• Congressional reporting requirements
• Congressional investigations
• Congress
• Alternative dispute resolution
• Administrative procedure
• Intellectual property

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In the News

October 01, 2008 Orphan works bill could open library collections to the Web

S. 2913, the Shawn Bentley Orphan Works Act of 2008, would ensure that owners of such works receive fair compensation for their use, but would limit the ...

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Source: GCN.com, DC

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September 30, 2008 Libel Tourist, Orphan Works Bills Approved

The AAP also praised the Senate for passing the "Shawn Bentley Orphan Works Act of 2008" (S.2913) which would address the problem of “orphan works” – works ...

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Source: Publishers Weekly, NY

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September 04, 2008 Music Chief Answers DailyTech's Tough Questions

Mr. Bengloff: The proposed Orphan Works legislation (S.2913 in the Senate and HR5889 in the House of Representatives) is aimed at changing a portion of US ...

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Source: DailyTech, IL

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Blog Coverage

December 30, 2008 Bob Dob » Orphaned Works Bill

“The Orphaned Works Bill (S.2913) is deceptive Trojan horse legislation that is designed to hi-jack the ownership of visual works by their creator” Brad Holland. My friend Tony Bailey wrote the paragraph below. ...

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Source: Bob Dob

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December 16, 2008 Withers Worldwide - Visual art in America

There are, currently, two bills pending, respectively, before the Senate and the House of Representatives: The Shawn Bentley Orphan Works Act of 2008 (S. 2913) and The Orphan Works Act of 2008 (H.R. 5889). Both bills currently provide ...

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December 12, 2008 Art Fire [Creative Chick Studios]

Because you are a personal friend who we believe opposes S.2913-The Shawn Bentley Orphan Works Act of 2008Ó AND H.R.5889-The Orphan Works Act of 2008, we've invited you to be a charter member of this group. ...

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Source: Creative Chick Studios

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